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CNJ approves comprehensive settlement in termination of employment approved by the Court

Resolution prevents future complaints and should reduce the number of lawsuits in the Labor Court.

From the Editors

 

Out-of-court settlements approved by the Labor Court will have the effect of broad, general and irrevocable settlement - that is, they cannot be questioned again in court. This was the decision of the CNJ when it approved, this Monday, the 30th, resolution 586/24 .

 

The text prohibits future labor claims when the agreement reached between employer and employee is validated by the courts - as long as rights such as legal and union assistance are guaranteed to the worker.

 

CNJ approves full settlement in termination approved by the Labor Court. 

The approval of the normative act was unanimous by the Council's plenary, in the 7th virtual extraordinary session of 2024. According to the president of the CNJ and the STF, minister Luís Roberto Barroso, author of the proposal, the resolution guarantees the protection of the worker, who must always be assisted by a lawyer or by the union, as well as providing legal security for the employer.

 

Exceptions

 

The text provides exceptions to the final settlement, such as in the case of after-effects or occupational illnesses ignored at the time of approval.

 

In the first six months, the resolution will apply to agreements worth more than 60 minimum wages, in order to measure the impact on the reduction of processes.

 

Litigation

 

In practice, the text should reduce labor litigation in the country, which brings legal uncertainty to employers and ends up making it difficult for workers to formalize their employment. The text considers the need to address the volume of litigation in the Labor Courts.

 

When casting his vote, Justice Barroso drew attention to the report Justice in Numbers, published by the National Council of Justice (CNJ). The publication indicates that the number of pending cases in the Labor Court was approximately 5.5 million in 2017. There was a consistent drop in 2018 (4.9 million) and 2019 (4.5 million). "However, the numbers rose again in 2020 (5.7 million) and remained relatively stable in 2021 (5.6 million), 2022 (5.4 million) and 2023 (5.4 million), that is, approximately the same level as in 2017."

 

conciliation centers

 

For agreements to be valid, workers under 16 or incapacitated must have the assistance of their parents, guardians or legal tutors. The approval of agreements also depends on the spontaneous request of the interested parties or their legitimate procedural substitutes to the competent judicial bodies, including the  -JT -  Judicial Centers for Consensual Methods of Dispute Resolution, in accordance with the resolutions issued by the  CSJT -  Superior Council of Labor Justice.

 

The resolution, which provides for consensual methods of resolving disputes in the Labor Court, was drafted after extensive dialogue with representatives of the TST, the MPT, the Ministry of Labor, the OAB, academic institutions, trade unions and employers' confederations.

 

Read the full resolution 586/24 .

 

 link: https://www.migalhas.com.br/quentes/416291/cnj-aprova-quitacao-ampla-em-rescisao-de-trabalho-homologada-na-jt